STATE OF GUJARAT Vs. DHIRAJLAL CHHOTALAL THAKKAR

JUDGEMENT

(1.) This Misc. Criminal Application No. 46 of 1982 is filed by the State of Gujarat for getting the delay condoned in filing the present appeal in this court. The delay is of 58 days.

(2.) At the time of hearing of this Misc. Criminal application Mr. D.K. Trivedi the learned Public Prosecutor appearing for the State very rightly agreed that there is a delay of 58 days. When such a fact was pointed out to us it may be stated that at the very stage of the admission of this Misc. Criminal Application the matter was placed before my learned brothers G. T. Nanavati and V. V. Bedarkar JJ. and at the very stage of the admission of this Misc. Criminal Application my both the learned brothers had invited the attention of the learned Public Prosecutor to see that a proper affidavit is filed in the light of the reported decision of the Supreme Court in the case of Ajit Singh Thakur Singh and Another v. State of Gujarat A.I.R. 1981 S.C. 733: XXII G.L.R. 268. After having made their suggestion to the State Public Prosecutor the matter was adjourned and to-day the matter is kept before us for final disposal.

(3.) At the very outset of the hearing of this Misc. Criminal Application we requested Mr. D. K. Trivedi the learned Public Prosecutor who argued the matter thoroughly and tenaciously to point out to us from the affidavit filed by the State showing a good cause for us to condone the delay. At the very hearing of this Misc.Cri. Application we pointed out to Mr. Trivedi appearing for the State the following passage from the aforesaid reported decision of the Supreme Court.